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How to deal with cases that cannot be settled for a long time

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How to deal with cases that cannot be settled for a long time


        

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  • 2024-06-17 06:00:54
     If the reason why the police station cannot close the case on time is untenable, the lawyer suggests that the police station can complain to the discipline inspection department of its superior public security organ or the procuratorate and state the reason. If the discipline inspection department of the superior public security organ or the procuratorate receives a complaint, it will review the case. If it determines that the reasons stated by the police station are not valid, it will require the police station to revoke the instruction and close the case according to law. According to the relevant provisions of China's laws and regulations, the victim has the right to directly sue to the people's court for private prosecution cases. If the victim is dead or incapacitated, the legal representative and close relatives of the victim shall have the right to bring a suit in a people's court. The people's court shall accept the case according to law.

    Legal basis

    Article 113 of the Criminal Procedure Law of the People's Republic of China, if the People's Procuratorate believes that the public security organ does not file a case for investigation for a case that should be filed for investigation, or the victim believes that the public security organ does not file a case for investigation for a case that should be filed for investigation, and submits it to the People's Procuratorate, the People's Procuratorate shall require the public security organ to explain the reason for not filing a case. If the People's Procuratorate considers that the reason for the public security organ not to file a case is untenable, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notice.

    Article 114 of the Criminal Procedure Law of the People's Republic of China refers to a case of private prosecution in which the victim has the right to directly bring a suit in a people's court. If the victim is dead or incapacitated, the legal representative and close relatives of the victim shall have the right to bring a suit in a people's court. The people's court shall accept the case according to law.

    D***

    2024-06-17 06:00:54

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